Guangzhou Government to Cancel the Notification of over 300,000 Batches of Non-compliant General Cosmetics

On July 26, 2022, Guangzhou Administration for Market Regulation (AMR) announced to cancel the notification of over 300,000 batches of general cosmetics. The notifiers with objection are allowed to apply for a hearing for their products on August 8-9, 2022. ^1-2

Reasons Behind the Massive Cancelation

The previous registration and notification information management platform (the previous platform) was closed on September 15, 2021. For products notified on the previous platform, the notifiers should claim and confirm them on the new platform. In an announcement issued early this year, Guangzhou AMR reminded the notifiers to complete the product confirmation before March 31, 2022.

In addition, starting from January 1, 2022, the annual report system has been implemented for all general cosmetics notified through both the previous and the new platforms. From January 1 to March 31 of each year, notifiers shall submit the annual report of general cosmetics notified over one year ago through the new platform. For notifiers failing to submit the annual report as required, in a notice released on April 1, 2022, Guangdong Medical Products Administration urged them to make corrections before June 30, 2022. ³

Article 59 of the Administrative Measures on Cosmetic Registration and Notification regulates that where the cosmetic's notification documents do not meet the requirements and the notifier fails to make corrections within the prescribed time limit, the medical products administration departments shall cancel the cosmetics' notification. As both deadlines have expired, there are still over 300,000 batches of cosmetics remaining non-compliant. Guangzhou AMR thus starts canceling the notification of these non-compliant cosmetics, which include:

• General cosmetics that have been previously notified on the previous platform, but remain unconfirmed by July 6, 2022;

• General cosmetics that were notified over one year ago, but lacked the required annual report by June 30, 2022.

The full list of the canceled cosmetics can be find here.

Direct Impact on the Canceled Cosmetics

The corresponding notifiers of the cosmetics on the list may concern whether the products could be sold until the end of their shelf life. For this question, National Medical Products Administration (NMPA) offered a definite answer in a FAQ collection released in April.

According to NMPA, the cancellation by the regulatory authority is a punitive measure for illegal acts. Different from the cosmetics applying for voluntary cancellation, the product whose notification is canceled by the regulatory authority shall not be sold or imported from the date of cancellation. Otherwise, strict penalties will be imposed in accordance with the law.

In this case, the cosmetics subject to the cancellation proposed by Guangzhou AMR shall not be sold or imported from the date of cancellation.

Hearing Opportunity for Notifiers with Objections

For corresponding notifiers of the canceled cosmetics, a hearing opportunity is given by the Guangzhou AMR. If the notifiers have objection to the list, they are allowed to apply for a hearing for their products. The application materials include:

• A copy of valid market entity registration certificate

• An application form

The notifiers can submit their application to the Guangzhou AMR on August 8-9, 2022. Otherwise, it shall be deemed a waiver of the hearing opportunity.

Further Reading

• Impending Deadline | Guangzhou Government Reminds Cosmetic Notifiers to Complete the Annual Report, Product Confirmation and Document Supplement

• FAQs Vol. 8 | NMPA Further Interprets the Requirements for Submitting Annual Report and Supplementary Documents of Notified Cosmetics